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RETURN To an Address of the Legislative Assembly for copies of all correspondence between James G. Jacques,… British Columbia. Legislative Assembly 1887

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 50 Vic. Petition of Right of J. G. Jaques, &o. 339
RETURN
To an Address of the Legislative Assembly for copies of all correspondence between
James G. Jaques, or anyone acting on his behalf, and the Honourable the Chief
Commissioner of Lands and Works, and between the Government Agent at New
Westminster and the Chief Commissioner of Lands and Works, respecting Section
4, Block 4 North, Range 7 West, New Westminster District, and the Petition of
Right with reference thereto.
By Command.
JNO. ROBSON,
Provincial Secretary.
Provincial Secretary's Office,
February, 1887.
Extract from a Letter addressed by Mr. Hugh Boyd, Richmond, to the Hon. Jno. Robson.
North Arm, July 8th, 1886.
To the Hon. John Robson,
Provincial Sect.
Dear Sir,—inclosed you will find a application to the Hon. Chief Com. of L. & W. for
for permission to either pree. or purchase; (the latter I would much prefare) the Lot I was
talking to you about; I would ask you as a great favour to try and get it for me.
•*•* * * * * # * *
(Signed)        Hugh Boyd.
Certified.
T. Elwyn,
Deputy Provincial Secretary.
7'he Government Agent, New Westminster, to the Chief Commissioner of Lands and Works.
New Westminster, B. C.,
August 31st, 1886.
Sir,—I have the honour to state that application has been made by Mr. H. Youdall for
the purchase of Sec. 4, Blk. 4 N., R. 7 W., Lulu Island, which he desires for the purpose of
settling thereon five or six families of Newfoundland fishermen. Mr. Youdall has also tendered the purchase money on the above, and will be prepared at any time to pay the same.
Mr. Youdall's application I herewith enclose.
The land in question being marked as a Government Reserve, will you be good enough to
let me know whether Mr. Youdall will be allowed to purchase; and if so, be good enough to
give me correct acreage of same.
I have, etc.,
(Signed)        C. Warwick,
Government Agent. 340 Petition of Right of J. G. Jaques, &c. 1887
[Enclosure.]
August 31st, 1886.
To the Commissioner of Lands and. Works,
New Westminster, B. C.
Sir,—I desire to purchase Sectiorr 4, Block 4 North, Range 7 West, on Lulu Island, and
containing about 80 acres. I am, (fee,
(Signed)        H. Youdall.
The above land I have applied for, for the purpose of settling five or six families of  Newfoundland fishermen upoir, which (should the Government grant me the section) I am prepared
to do. (Signed)        H. Youdall.
The Surveyor-General to the Government Agent, New Westminster.
Victoria, 1st September, 1886.
Section 4, Block 4 N., Range 7 W.
Sir,—By reference to the next issue of the Gazette, you will observe that the reserve
placed on this section has been cancelled, and that in three months the same will be open to
purchase. You will, however, please make a rrote that a sale is not to be made before you are
more particularly instructed from this office.
I am, &c,
(Signed)        W. S. Gore,
Surveyor-General,
Mr. D. S. Milligan to the Chief Commissioner of Lands and Works.
New Westminster,
September 24th, 1886.
Sir,—I beg to apply for permission to purchase the piece of land on Lulu Island, known
on official map of New Westminster District as Section 4, Block 4, Range 7 West, as soon as
open for said purpose.
And respectfully request this, my application, to be placed on file.
I am prepared to pay for same at once.
And oblige, ifec.,
(Signed)        D.  S. Milligan.
The Surveyor-General to Mr. D. S. Milligan.
Victoria, B.C., Sept. 28th, 1886.
Sir,—I have the honour to acknowledge the receipt of your communication   of the  24th
hist., making application to purchase  Section  4, Block 4 N., Range 7 W., New Westminster-
District, and requesting that the same may be placed on file in this office.
I have, <fec,
(Signed)        W. S. Gore,
Surveyor-General
Extract Jrom a Letter addressed by Mr. D. S. Milligan, New Westminster, to Hon. Jno. Robson.
New Westminster,
October 18th, 1886.
Dear Mr. Robson,—I did not hear from you by letter since my second letter to you.
But Mr. Sexsmith told me he had a talk with you, and you said that in case those parties did
not carry out their agreement, the only alternative would be to put the land for public sale to
highest bidder, and that the improvements would be allowed to me.
*********
Certified. (Signed)        D. S. Milligan.
T. Elwyn,
Deputy Provincial Secretary. 50 Vic. Petition of Right of J. G. Jaques, &c. 341
The Government Agent, New Westminster, to the Chief Commissioner of Lands and Works.
New Westminster,
November 20th, 1886.
Sir,—I have the honour to enclose herewith letter from  Mr. D. S. Milligan, of this city,
respecting improvements made by him on Sec. 4, Block 4 North, Range 7 West, Lulu   Island.
I have, etc.,
(Signed)        C. Warwick,
Government Agent.
[Enclosure.]
Mr. Charles  Warwick,
Agent Provincial Government,
New Westminster, B. C.
Sir,—1 beg to notify you that I made improvements on Lot No. 4, Range 7 West, Block
4 North, Lulu Island, to the value of five hundred dollars, and that part of said improvements
were necessary to prevent the water from overflowing said land, as well as my own.
I am informed that the said land is soon to be sold.
You will please record or enter my claim for said improvements, so that parties purchasing
may understand that the land is to be sold subject to the payment to me of the above claim.
I also desire that the Chief Commissioner of Lands and Works be immediately notified of
this claim.
And oblige, <fee,
(Signed)        D. S. Milligan.
New Westminster, B. G, Nov. 16th, 1886.
'The Surveyor-General to the Government Agent, New Westminster.
Victoria, B. C, 29th November, 1886.
Sir,-Section 4, Bk. 4 N., R. 7 W , and Sections 14 to 20, inclusive, Bk. 4 N., R. 5 W.,
will be offered for sale at public auction about 1st March next, together with any other vacant
Crown lands there may then be on Lulu Island.
I am, &e,
(Signed)        W. S. Gore,
Surveyor-General.
[Telegram.]
New Westminster,
Hon. Wm. Smithe, • December 1st, 1886.
Chief Commissioner of Lands and Works :
I tendered purchase money for section four, block four north, range seven west, to
Government Agent, on opening of office this morning. He refused same, saying land already
disposed of, arrd declines to say how. instruct at once, as I am first purchaser, and I consider
I am alone entitled to Crown grant of such land.
(Signed)       James G. Jaques,
per W. Norman Bole
[Telegram.]
Victoria, B. C, December 1st, 1886.
W. N. Bole, New  Westminster ;
Section four, block four north, range seven west, will be sold at auction.
(Signed)        Wm. Smithe. 342 Petition of Right of J. G. Jaques, &c. 1887
Mr.   W. N Bole to the Chief Commissioner of Lands and Works.
New Westminster, B. C,
2nd December, 1886.
Section 4, Block 4 North, Range 7 West.
Jaques.
Sir,- -Referring to my telegram of yesterday, and your favour of this day in reply
thereto, I beg to state that Mr-. Jaques, my client, conceives that he is clearly entitled to become
the purchaser of the land in question. If your Gazette notice means anything, and with the
terms whereof Mr. Jaques has fully complied, this refusal on the part of the Government Agent
to receive the purchase money, acting, as he must be, under your instructions, else the Gazette
order cancelling reserve would be sufficient authority for him to receive the money, is the more
extraordinary when it is borne in mind that there is no other person ostensibly applying for
this land except Mr. Jaques, and that until he applied for it the idea of disposing of it by
public auctioir was never once thought of. Aird the position taken by your department in this
affair leads Mr. Jaques to infer that Crowrr lands when offered for sale are not open for
purchase to all alike, but are subject to certain implied reservations in favour of Government
supporters. Feeling thus, Mr. Jaques instructs me to ask will your Government allow Mr.
Jaques to obtain the necessary permission to ground a Petition of Right and test the matter
in Court, as he considers he is the person lawfully entitled to purchase this land, and expects
that irr the interest of fair play the Government will not stifle enquiry.
I am, &c,
(Signed)        W. Norman  Bole.
Mr. H. Youdall to the Chief Commissioner of Lands and Works.
New Westminster,
December 7th, 1886.
Sir,-—I was much surprised to hear from Mr. Warwick, of the Land Office, to-day, that a
certain Government Reserve, which you promised to give to a few Newfoundland families,
was ordered to be sold to the highest bidder.
I cannot believe that this is the case, as I am quite prepared to fill the conditions you
required of me at the time. We have been waiting patiently until the three months would
lapse, required by law ; also, I have been writing to quite a number of fishermen in answer to
their inquiries, and have some already making preparations to come in the spring.
I have been told—what truth there is in it I do not know—that Mr. Robson has been
working tooth and nail to get this lot put up at auction, so as to fill some obligations to a Mr.
Milligan, who owns 900 acres adjoining, and who dykecl in some 30 acres of the lot and used
it for a number of years.    I will be pleased to hear from you putting the matter right.
I am, ifec,
(Signed)        Hugh Youdall.
The Chief Commissioner of Lands and Works to Mr. H. Youdall.
Victoria, B. 0.,
December 13th, 1886.
Sir,—Not having heard anything from you since our conversation respecting the settlement of sundry Newfoundland fishermen and their families upon Section 4, Block 4 North,
Range 7 West, Lulu Island, I naturally concluded that you had abandoned the scheme. If,
however, such is not the case, I beg to assure you that the Government is prepared to carry
out the proposed agreement with you. Otherwise, as there are several applicants for the
purchase of the larrd in question, it will be necessary to offer it at public auction.
Since you first made application for Section 4, I have learned that an adjoining landowner has expended considerable money in dyking it, and it is obviously fair that in the event
of your acquiring the lot so irrrproved, you should pay the value of the improvements to him
who made them.
I have, ifec,
(Signed)        Wm. Smithe.
Chief Commissioner of Lands and Works 50 Vic. Petition of Right of J. G. Jaques, &c. 343
Let right be done.
(Signed)        Ciement F. Cornwall,
Lieutenant-Governor.
PETITION.
In the Supremu Court op British Columbia.
To the Queen's Most Excellent Majesty.—
New  Westminster,
To wit:
The humble petition of James Gerald Jaques of the City of New Westminster, Accountant, by
his Attorney, William Nornran Bole, of the City of New Westminster, Solicitor, Sheweth :
1. That on or about the 2nd day of September, 1886, a notice signed by the Hon. Wm.
Smithe, then and now Chief Commissioner of Lands and Works for the Province of British
Columbia, appeared in the British Columbia Gazette, an official newspaper published by and
with the authority of the Government of British Columbia, in the words and figures following:—
"Cancellation op Reserve, New Westminster District.
"Notice is hereby given that the reserve placed upon Section 4, Block 4 North, Range 7
West, has been cancelled, and that three months from the date hereof the land will be open
to purchase.
(Signed)       "Wm. Smithe,
"Lands and  Works Department, "Chief Commissioner of Lands and  Works.
" Victoria, B. C, Sept. 1st, 1886."
2. The said notice was never cancelled, annulled, or withdrawn.
3. That on the 1st day of December, 1886, at 9 a.m., and the following day at the same
hour, your suppliant attended in person at the Government Office, New Westminster, and
made actual tender on both those days of the sum of $400, in lawful money of Canada, to Mr.
Charles Warwick, Government Agent, New Westminster District—no person up to that time
having applied for permission to purchase said land; and said Mr. Warwick on both occasions
declined to receive the purchase money, stating that the land was already disposed of, but
declined to say in what manner; and, in reply to queries put by your suppliant, further stated
he could not tell if anyone had purchased the land or not, but repeated his first statement that
the land was already disposed of.
4. That on the 1st day of December, 1886, your suppliant sent a telegram, in the words
and figures following, to said Chief Commissioner of Lands and Works :—
" New Westminster, 1st December, 1886.
" To Hon. Wm. Smithe,
" Chief Commissioner of Lands and  Works, Victoria :
" I tendered purchase money for Section four, Block four North, Range seven West, to
Government Agent on opening of office this morning; he refused same, saying land already
disposed of, and declined to say how; instruct at once, as I am first purchaser, and I consider
I am alone entitled to Crown grant for such land.
(Signed)        " James G. Jaques,
" Per W. Norman Bole."
And on same day your suppliant's solicitor received a reply in the words and figures
following:—
" Victoria, 1st Dee, 1886.
"To W. N. Bole, New Westminster :
" Section four, Block four North, Range seven West, will be sold at auction.
(Signed)        " Wm. Smithe."
5. That on the day of December, 1886, your suppliant's solicitor, Mr. Bole, wrote to
said Chief Commissioner of Lands and Works in the words and figures following :— 344 Petition of Right of J. G. Jaques, &c. 1887
"New Westminster, B. C, 2nd Dee, 1886.
" The Hon. Wm. Smithe,
" Chief Commissioner of Lands and  Works,
" Victoria, B. C.
" Section 4, Block 4 North, Range 7 West.
" Jaques.
" Sir,—Referring to my telegram of yesterday, and your favour of this day in reply thereto,
I beg to state that Mr. Jaques, my client, conceives that he is clearly entitled to become the
purchaser of the land in question. If your Gazette notice means anything, and with the terms
whereof Mr. Jaques has fully complied, this refusal on the part of the Government Agent to
receive the purchase morrey, acting, as he must be, under your instructions, else the Gazette
order cancelling reserve would be sufficient authority for him to receive the money, is the more
extraordinary when it is borne in mind that there is no other person ostensibly applying for
this land except Mr. Jaques, and that until he applied for it the idea of disposing of it by
public auction was never once thought of. And the position taken by your department in this
affair leads Mr. Jaques to infer that Crown lands when offered for sale are not open for
purchase to all alike, but are subject to certain implied reservations in favour of Government
supporters. Feeling thus, Mr. Jaques instructs me to ask will your Government allow Mr.
Jaques to obtain the necessary permission to ground a Petition of Right, and test the matter
in Court, as he considers he is the person lawfully entitled to purchase this land, and expects
that in the iirterest of fair play the Government will not stifle enquiry.
" I am &e,
(Signed)        " W. Norman Bole."
To which letter your suppliant, nor his solicitor, has received no reply.
7. That said land known as Section (4) four, Block (4) four North, Range (7) Seven West,
New Westminster District, is unappropriated, unoccupied, and unreserved lands, the survey of
which has been duly made, and duly confirmed, by notice in the British Columbia Gazette,
and said land is not the site of a town, or the suburbs thereof, and is not an Indian settlement.
8. That your suppliant has, since the day of the date on which said land became open for
purchase, including such day, been ready and willing, and is still ready and willing, to purchase
said land at the rate of $2.50 per acre, and is lawfully entitled to a Crown grant thereof on
payment of such purchase money, and costs of Supreme Court.
Your suppliant therefore humbly prays that a Crown grant of said Section 4, Block 4
North, Range 7 West, New Westminster District, may be issued to him on payment of
the proper fees for said grant, and $2.50 per acre for said land, and such other and
further relief as the nature of the case may require.
Dated the 28th day of December A.D., 1886.
(Signed)        W. Norman Bole,
Solicitor for James Gerald Jaques.
VICTORIA: Printed by Riohaed Wolfenden, Government Printer,
at the Government Printing Office, James' Bay.

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